‘The provisions of Practice Direction 12 J make it very clear that the court should determine as soon as possible whether it is necessary to conduct a fact finding hearing in relation to any disputed allegations of domestic abuse.’
Becket Chambers, 5th November 2020
Source: becket-chambers.co.uk
‘Given the current challenging economic circumstances arising from the COVID-19 pandemic, which the authors fear may worsen over the coming months as employers are weaned off the Government’s furlough scheme, contracting authorities and their contractors may want to be released from obligations under existing contracts (and/or to protect their position having already defaulted on their obligations). Similarly, contracting authorities may want to vary existing contracts going forward. However, for obvious reasons, notably the time and cost involved, the appetite for undertaking a new procurement exercise is likely to be limited. This article therefore provides a guide to the available options for achieving these objectives.’
39 Essex Chambers, 16th October 2020
Source: www.39essex.com
‘In Gateway Housing Association v Begum [2020] EWCA Civ 1339, Nick had been instructed to act for the occupier, Mrs Begum, in the County Court. Her husband had passed away and – as the landlord considered that no one was entitled to succeed the tenancy – Gateway posted a notice to quit to the premises. Because of the requirements of section 18 of the Law of Property (Miscellaneous Provisions) Act 1994, Gateway also posted a copy of the notice to the Public Trustee a few days later.’
Garden Court Chambers, 22nd October 2020
Source: www.gardencourtchambers.co.uk
‘The Health Protection (Coronavirus, Restrictions) (Self-Isolation) (England) Regulations 2020, SI 2020/1045 (“the Self-Isolation Regulations”) are the latest in a series of statutory instruments which have, since March 2020, been introduced by UK Government Ministers under the Public Health (Control of Disease) Act 1984 (“the 1984 Act”) in response to the Covid-19 pandemic. This Alerter highlights the implications for employers.’
Henderson Chambers, 9th October 2020
Source: www.hendersonchambers.co.uk
‘In Fatima v Family Channel Ltd & Anor [2020] EWCA Civ 824, the Court of Appeal addressed an important point of principle engaging the right to a fair trial: the interplay between an unsuccessful application to adjourn a trial under CPR Part 3.1(2)(b) and a subsequent application under CPR Part 39.3 to set aside a judgment against a non-attending party. The decision clarifies whether the judge considering the Part 39.3 application is bound by the trial judge’s findings of fact, or is entitled to draw his own conclusions on the same evidence and material before the court.’
Hardwicke Chambers, 7th October 2020
Source: hardwicke.co.uk
‘Since the outbreak of Covid-19, the pandemic has led to delays in the court system, hearings being adjourned and a substantial backlog of all types of cases but especially family cases. Parties wanting speedy justice are resorting to out of court processes such as mediation and arbitration as a means to resolve disputes efficiently to overcome this time-lag.’
33 Bedford Row, 30th October 2020
Source: www.33bedfordrow.co.uk
‘Issue #40 of Spire Barristers’ Family Law Newsletter: edited by Connie Purdy and Taz Irshad; news and Case Reviews by Francesca Massarella.’
Spire Barristers, 21st October 2020
Source: spirebarristers.co.uk
‘By way of introduction to this topic it is worth recalling that by the time the Insolvency (England and Wales) Rules 2016 (“IR 2016”) came into force in April 2017 the Practice Direction on Insolvency Proceedings (“IPD”) had still not been updated to take account of the reforms introduced by IR 2016. Nor had it been updated to take account of the Electronic Working Pilot Scheme in CPR Practice Direction 51O (“EWPS”). In fact, there followed a significant period during which the IPD and IR 2016 were not compatible. The delay was at least in part caused by the reforms to the court system in England and Wales that resulted in the creation of the Business and Property Courts (“B&PC”). A new Practice Direction to govern the procedure in the B&PC came into effect in October 2017 and although subsequently supplemented by other changes, it was not until 25 April 2020 that a revised IPD, compatible with IR 2016, was finally released and even this was quickly superseded by a more definitively revised IPD on 4 July 2018. However, there were some significant anomalies with regard to the intermeshing of these various procedural rules and practice directions, not least in the area of out-of-court appointments of administrators.’
Hardwicke Chambers, 7th October 2020
Source: hardwicke.co.uk
‘The High Court has struck out a claim brought on behalf of more than 200,000 claimants over a dam collapse in Brazil, saying it risked becoming “the largest white elephant in the history of group actions”.’
Litigation Futures, 9th November 2020
Source: www.litigationfutures.com
‘Every 15 minutes, on average, a patient with learning disabilities was restrained in hospital last year, new BBC File on 4 analysis shows.’
BBC News, 10th November 2020
Source: www.bbc.co.uk
‘A horror film fan and his boyfriend have been found guilty of murdering a woman who was lured to their “flat of horrors” after a chance meeting during a night out.’
The Guardian, 9th November 2020
Source: www.theguardian.com
‘In Swift v Carpenter [2018] EWHC 2060 (QB) the claimant, aged 39, had suffered serious lower-limb injuries in a road traffic accident. Liability was agreed and in 2018 the quantum assessment came before Mrs Justice Lambert in the High Court, who made awards on various heads of claim. The final issue for consideration was a claim for special accommodation. It was agreed by the parties that the claimant required a new house, given her injuries, and that it was reasonable that she move. Lambert J set the extra cost of the proposed special accommodation at £900,000.’
Law Society's Gazette, 9th November 2020
Source: www.lawgazette.co.uk
‘The Supreme Court has unanimously dismissed this appeal concerning the correct approach to the ‘public interest’ requirement on an application for the modification or discharge of restrictive covenants under section 84 of the Law of Property Act 1925 (the “1925 Act”).’
UKSC Blog, 6th November 2020
Source: ukscblog.com
‘A father who admitted causing the death of his teenage son by shaking him as a baby has been jailed for three years.’
BBC News, 9th November 2020
Source: www.bbc.co.uk
‘Large companies and financial institutions in the UK will have to come clean about their exposure to climate risks within five years under the terms of a tougher regime announced by the chancellor, Rishi Sunak.’
The Guardian, 9th November 2020
Source: www.theguardian.com
Court of Appeal (Criminal Division)
Gabbana, R. [2020] EWCA Crim 1473 (09 November 2020)
High Court (Technology and Construction Court)
Municpio De Mariana & Ors v BHP Group Plc & Anor [2020] EWHC 2930 (TCC) (06 November 2020)
Source: www.bailii.org
‘The Supreme Court has unanimously dismissed this appeal addressing whether findings of fact made by the General Court of the European Union (“the General Court”) are binding in subsequent domestic proceedings, under the EU principle of absolute res judicata.’
UKSC Blog, 6th November 2020
Source: ukscblog.com
The Civil Procedure (Amendment No. 6) Rules 2020
The Heat Network (Metering and Billing) (Amendment) Regulations 2020
The Social Security Contributions (Intermediaries) (Miscellaneous Amendments) Regulations 2020
The Electricity Storage Facilities (Exemption) (England and Wales) Order 2020
The Local Authorities (Capital Finance and Accounting) (England) (Amendment) Regulations 2020
The Health Protection (Coronavirus, Travel from Denmark) (England) Regulations 2020
The Health Protection (Coronavirus, Restrictions) (England) (No. 4) (Amendment) Regulations 2020
The Social Security (Personal Independence Payment) (Amendment) Regulations 2020
The Infrastructure Planning (Electricity Storage Facilities) Order 2020
The Sentencing Act 2020 (Commencement No. 1) Regulations 2020
The Community Infrastructure Levy (Amendment) (England) (No. 2) Regulations 2020
Source: www.legislation.gov.uk
‘A High Court judge has rejected a second legal challenge from the Sikh Federation UK over the lack of a Sikh tick-box as a distinct available response to the ethnic group question in the forthcoming 2021 Census.’
Local Government Lawyer, 9th November 2020
Source: www.localgovernmentlawyer.co.uk
‘A driver has been jailed for 10 years for ramming into a scooter rider who accidentally cracked his wing mirror.’
BBC News, 9th November 2020
Source: www.bbc.co.uk
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